Disclaimers

Terms and Conditions of Use of This Website

Before using this Website please read these Terms and Conditions of Use (the "Terms") carefully. Any use of this Website will constitute your understanding and acceptance of the Terms. If you do not accept the Terms stated herein, do not use this Website. This Website is owned and operated by Integrated Capital Management (“iCM”), either alone or in conjunction with its affiliates, agents and partners. iCM reserves the right, in its sole discretion, without any obligation or notice requirement, to amend, alter, modify, add, update, or remove portions of these Terms at any time, and any such changes will be effective upon posting to the Website. You are responsible for reviewing the Terms periodically and your continued use of the Website constitutes your acceptance of all such changes. Consequently, we suggest that you check these Terms periodically for any changes. These Terms supplement any other agreements between you and iCM or its affiliates. If there is any conflict between these Terms and your other agreements with iCM or its affiliates, those agreements will govern.

Termination

iCM expressly reserves the right to monitor any and all use of the Website, to exclude you and any other person from using this Website, and to terminate your access to this Website. Upon termination, you must destroy all materials obtained from this Website and all copies of those materials, whether or not they were made under these Terms. You also agree that iCM will not be liable to you or any third party for any termination of your access to this Website. All provisions in the Terms that by their nature should survive termination will survive termination, including, but not limited to provisions concerning indemnification, disclaimers, limitations on liability, and termination.

Intended Audience

The information provided on this Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which would subject iCM or its affiliates to any registration requirement within such jurisdiction or country. iCM is a Pennsylvania Corporation, registered with the U.S. Securities and Exchange Commission as an investment adviser pursuant to the Investment Advisers Act of 1940. iCM does not claim that the products or services described in this website are available in any particular jurisdiction or appropriate for any particular investor. If you choose to access this Website from a location other than the United States, you do so at your own initiative, and you are responsible for compliance with any applicable local laws.

No Offer or Advice

Neither this Website nor anything on this Website constitutes an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by iCM or any other third party regardless of whether such security, product or service is referenced on or through this Website.

Furthermore, nothing on this Website is intended to provide tax, legal, or investment advice and nothing on this Website should be construed as a recommendation to buy, sell, or hold any investment or security or to engage in any investment strategy or transaction. iCM does not represent that the securities, products, or services discussed on or accessible through this Website are suitable for any particular investor. You are solely responsible for determining whether any investment, investment strategy, security or related transaction is appropriate for you based on your personal investment objectives, financial circumstances and risk tolerance. You should consult your business advisor, attorney, or tax and accounting advisor regarding your specific business, legal or tax situation.

iCM has notice filed to conduct advisory services in the following states: AZ, CA, CO, DC, FL, GA, IA, ID, IL, KY, LA, MA, MD, ME, MI, MN, MS, NC, NJ, NV, NY, OH, PA, SC, TN, TX, UT, VA, WI, WV. This Website does not constitute an offer to sell, a solicitation of an offer to buy, or a recommendation of any security or any other product or service by iCM in states not listed. If you are interested in iCM’s advisory services and reside in a state other than the listed states, please contact iCM so we may begin the notification process in order to discuss with you our advisory services.

Timeliness of Content

All content on this Website is presented as of the date published or indicated, and may be superseded by subsequent market events or for other reasons. Additionally, you are responsible for setting the cache settings on your browser to ensure you are receiving the most recent data. We undertake no responsibility to notify you of changes to the Website or its content and expressly reserve the right to change such information, including any opinions or forecasts, at any time without notice.

Disclaimers, Limitations on Liability and Indemnification

All information and content on this Website is subject to applicable statutes and regulations, furnished on an “as available” basis, without warranty of any kind, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose. iCM does not warrant that the Website will meet your needs, be error-free, be corrected promptly if an error exists, continuous, uninterrupted, secure, or contain no computer viruses or other harmful content. You assume the entire cost of any necessary servicing, repairing, or correcting of your property or operations as a result of using this Website.

Furthermore, iCM makes no representations or warranties about the accuracy, reliability, completeness, or timeliness of any material, services, software, texts, graphics, photographs, or links contained on this Website or any results that may be obtained from using this Website. You also accept at your own risk that the Internet or other online communications medium may not perform as intended as a result of human, mechanical, or other error, despite the efforts of iCM, you, or any third party. Any commentaries, articles or other opinions herein are intended to be general in nature and for current interest. Decisions based on information contained in this Website are your sole responsibility, and in exchange for using this Website, you agree to hold iCM, its directors, officers and employees harmless against any claims for damages arising from any decision that is made based on such information. iCM and its directors, officers, or employees will not be liable or have any responsibility of any kind for any loss or damage that you incur arising from or in connection with:

any delay, termination, failure, defect, or interruption in the transmission of this website;
any inaccuracy, error, unavailability, or incompleteness in the transmission of this website;
any termination or interruption of your access to this website;
your reliance on or use of this website;
any e-mail requests, orders, or instructions you send, or the interception by third parties of any requests, orders, or instructions you send via e-mail;
any act or omission of iCM in making this website available to you; or
any other cause relating to your access to or use of this website, whether or not the circumstances giving rise to such cause may have been within the control of iCM or within the control of any other party providing software or services support for this website.

Furthermore, iCM and its directors, officers, or employees will not be liable to you in contract, tort, strict liability, or otherwise for any direct, indirect, special, punitive, consequential, or incidental damages related in any way to your use of this Website including, but not limited to, (i) loss of anticipated profits, benefits, use, or data, or (ii) injury caused by any performance, failure of performance, error, omission, interruption, deletion, defect, computer virus or worm, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, resulting from the use of or access to this Website, even if (i) such damages are reasonably foreseeable, or (ii) iCM or any other party has been advised of the possibility of such damages. It is possible that all or a portion of the forgoing disclaimers or limitations of liability may not be enforceable in the jurisdiction in which you reside.

You agree to indemnify, defend, and hold harmless iCM and its affiliates, officers, directors, employees, and agents, including their affiliates, from and against any and all claims, liabilities, damages, losses, actions, demands or expenses, including attorney fees and costs, arising out of or in any way connected with your access to or use of this Website or your breach of these Terms. iCM will notify you of any such claim, suit, or proceeding and may assist you, at your expense, in defending against any such claim, suit or proceeding.

Use of Links to Other Websites

This Website may contain links to third-party websites. These links are provided solely as a convenience to you and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring by iCM of the contents on such third-party websites. iCM is not responsible for the content of any website owned by a third party that may be linked to this Website regardless of whether the link is provided by iCM or a third party. iCM does not prepare or maintain, has not and will not review or update, and does not guarantee the accuracy, timeliness, completeness, suitability, reliability, or usefulness of any information contained on a linked third-party website. If you decide to access linked third-party websites, you do so at your own risk. Furthermore, no representation or warranty is provided for any software that you may download from a link from this Website.

Third Party Content

Through this Website, you may have access to information relating to securities, indexes or the securities markets ("Market Data"). iCM may compile or obtain this Market Data from third parties who are independent of iCM. Even though the sources of the Market Data provided on this Website are believed to be reliable, iCM is not responsible for, and makes no warranty with respect to the contents, accuracy, completeness, timeliness, suitability, or reliability of the Market Data. The Market Data that may be provided is not a complete summary or statement of all available information or data. iCM makes no express or implied representations or warranties, including but not limited to warranties of merchantability or fitness for a particular purpose, with respect to Market Data.

Any Market Data and other information accessible through this Website are for personal, noncommercial use. You agree not to reproduce, modify, sell, distribute, broadcast, publish, or use for any commercial or unlawful purpose any Market Data or other information you access through this Website. Any Market Data is provided “as is” and on an “as available” basis. iCM will not be responsible for lost profits, trading losses, or any other damages resulting from inaccurate, defective, or unavailable Market Data or other information. iCM is not obligated to update or to continue to offer Market Data or other information accessible through this Website.

Electronic Communications

To the extent electronic mail is submitted to or through this Website, it should be considered neither secure nor confidential. iCM makes no representation whatsoever concerning the security or confidentiality of your electronic messages and makes no representation that any electronic messages submitted through this Website will be received by iCM. Delivery, and timely delivery, of electronic mail is not guaranteed. Do not send sensitive or confidential information to us via electronic mail. iCM therefore recommends that you do not send time sensitive or action oriented messages to us via electronic mail. Such requests, orders, or instructions will not be processed until iCM can confirm your instructions or obtain appropriate written documentation where necessary.

Furthermore, any communications or material you transmit to or through this Website by electronic mail or otherwise, including, but not limited to, data, questions, comments, or suggestions will be treated as non-confidential and nonproprietary and will become the property of iCM. Such communications or materials may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Further, iCM reserves the right to use any ideas, concepts, know how, or techniques contained in any electronic communication you send to this Website for any purpose whatsoever.

Intellectual Property

All copyrights, trademarks, logos, service marks, trade names, or other intellectual property displayed on, or used in conjunction with this Website are proprietary to iCM. Any third-party trademarks, logos, service marks, or trade names on this Website are used for identification purposes only and are the property of their respective owners. The content of this Website is protected by applicable intellectual property law. iCM reserves all rights with respect to intellectual property ownership of all material on this Website, and will enforce such rights to the full extent permissible by law. The material accessible on or through this Website is accessible for personal browsing and printing purposes only. Users of this Website may not otherwise: copy, reproduce, modify, sell, republish, post, transmit, or distribute in any way material from this Website without the express, written permission of iCM; use, copy, modify, or display any iCM name, logo, text, or graphic image without iCM's express, written permission; display any of the pages, text, images, or other content on this Website using "framing" technology without iCM’s express written permission; modify or use the pages, text, images, or other content from this Website for any purpose other than browsing or printing for personal, noncommercial use; or take any action to create an impression of affiliation, sponsorship, or endorsement between any user and/or website and iCM.

Limited Linking License for Other Users and Websites

iCM grants to other users and websites, a Limited License to link to iCM’s homepage (http://dev-icm.gotpantheon.com/). This Limited License entitles other users and websites to link to iCM’s homepage only, so long as no impression of affiliation, sponsorship or endorsement by or between iCM and the other user or website is created. Linking to other content within this Website is prohibited without the express written permission of iCM. This Limited License expressly prohibits the framing of the content contained in this Website in any way or any other activity that may create a misimpression or confusion among users with respect to sponsorship or affiliation. Any website offering a link to this Website under this Limited License must deliver our homepage address as stated above.

Prohibited Uses

You may not use this Website to gain unauthorized entry into iCM’s Website, computer systems or networks connected to this Website or iCM’s computer systems through hacking, password mining, or any other means. Furthermore, you may not use this Website in any manner that could damage or overburden any iCM server, or any network connected to any iCM server, or in any manner that would interfere with another party’s use of the Website. You may not, without the express written permission of iCM, use any robot, spider, intelligent agent, other automatic device, or manual process to search, monitor or copy this Website or the reports, data, information, content, software, products, services, or other materials on, generated by or obtained from this Website, whether through links or otherwise, provided that generally available third party web browsers may be used without such permission.

Unless expressly authorized by iCM in writing or as otherwise allowed by these Terms, you may not include the term “iCM” or Integrated Capital Management or any iCM executive’s name or any iCM logo, trademark, service mark, or any variation of the foregoing, on another website or as a meta tag, hidden textual element or use this Website or any of its content in any manner that could create the impression of an affiliation, sponsorship or endorsement by iCM.

Governing Law and Severability

These Terms will be governed and construed under the laws of the State of Pennsylvania and the applicable provisions of U.S. federal law without regard to conflicts of law. To the extent that the applicable laws of the State of Pennsylvania or any of the provisions herein conflict with the applicable provisions of U.S. federal law, the latter shall control. Any legal action relating to these Terms shall be instituted in any State or U.S. federal court in the City of Scranton and County of Lackawanna and you waive any objection which you may now or hereafter have to the laying of venue of any such proceeding and irrevocably consent and submit to the personal jurisdiction of those courts for the purposes of litigating any such action.

Nothing in these Terms creates any rights or protections that you are not already entitled to by law. If any part of these Terms is held invalid, void, unlawful or unenforceable, that part will be deemed modified as necessary to make it effective, and the remaining provisions of these Terms will remain in full force and effect. No waiver of any term or provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in iCM’s Privacy Policy, these Terms constitute the entire agreement between you and iCM with respect to the use of this Website.

Privacy Policy

At Integrated Capital Management (“iCM”) protecting your privacy and the security of your personal information is one of our top priorities. We honor our relationship with you as a sacred trust and are committed to the responsible management, use and protection of your personal information.

We view protecting our customers' private information as a top priority and, pursuant to the requirements of the Gramm-Leach Bliley Act we have instituted policies and procedures to ensure that customer information is kept private and secure.

We do not share or disclose your information to nonaffiliated third parties except as permitted or required by law. We are committed to safeguarding the confidential information of our Clients. We hold all personal information provided by our Clients in the strictest confidence and it is the objective of our firm to protect the privacy of all Clients. Except as permitted or required by law, we do not share confidential information about our Clients with nonaffiliated parties. In the event that there were to be a change in this policy, we will provide you with written notice and you will be provided an opportunity to direct us as to whether such disclosure is permissible. We will deliver a copy of our privacy policy to you on an annual basis.

To conduct regular business, we may collect personal information from sources such as:

Information reported by you on applications or other forms you provide to our firm;

Information about your transactions implemented by others and viewable by our firm;

Information developed as part of analyses or investment advisory services.

To administer, manage, service, and provide related services for your account(s), it is necessary for us to provide access to your information within the firm and to nonaffiliated companies with whom we have entered into agreements with. To provide the utmost service, we may disclose the information below regarding customers and former customers, as necessary, to companies to perform certain services on our behalf.

In providing the contracted services, we may disclose the following information:

Information we receive from you on applications (name, social security number, address, assets, etc.);

We maintain the confidentiality of the information that you provide. We protect your information by attempting to meet all laws setting forth procedures for providing physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. All people who work for our firm are trained to handle your information properly in order to maintain its security. We also restrict access to personal information about our Clients to only those employees who need such information to provide service(s) to you. We maintain physical, electronic, and procedural safeguards that comply with industry standards to guard your personal information. We do not sell or market Clients' or prospective Clients' personal information to third parties. We do not disclose any information about our Clients or former Clients to anyone, except as needed by our service providers (e.g., broker, accountants, attorneys and auditors) or as required by law.

Changes in Privacy Policy

We may modify our policy at any time. We will notify our current Clients of any modifications.